ASIA BEWA Vs. MAHESH KACHHELA

JUDGEMENT

(1.) HEARD the parties. Sish Mohammad was husband of the appellant No. 1 and father of the minor appellant Nos. 2 to 6. He was working as labour on the truck bearing registration No. WB-57-0550. On 13th March, 2000, the said truck which was fully loaded with stone chips met with an accident, wherein Sish Mohammad was injured. He was taken for treatment to various hospitals but ultimately on 10th April, 2000 he died in Iqbalpur Nursing Home at Calcutta. His widow as well as the minor sons filed Title Claims Suit No. 18 of 2000 under Section 166 of the Motor Vehicles Act, 1988 for compensation. However, in the said proceeding the claimants miserably failed to produce either any medical certificate or even the post-mortem report to enable the Motor Accident Tribunal, Pakur to consider and decide whether the death of Sish Mohammad was caused on account of the injury sustained in the motor accident or otherwise. The Tribunal on taking into consideration the amount said to have been invested in his treatment in different hospitals and loss of consortium, etc. assessed a lumpsum amount of Rs. 70,000/- payable to the claimants as compensation under the Act.

(2.) WE find no reason to interfere with the impugned order and enhance the said amount. Hence, this appeal is dismissed.